Withdrawal of recognition

B.

1. (1) Recognition accorded under the Act may be withdrawn on one or more of the following grounds, namely:—
   • (a) the educational institution no longer fulfils the conditions for recognition ;
   • (b) the educational institution, its Managing Committee or the Governing Body, as the case may be, contravenes any of the provisions of the Act or the rules or directions of the State Government or of the prescribed authority ;
   • (c) the educational institution fails to maintain proper standard of education and discipline ;
   • (d) the educational institution fails to maintain required students strength as provided under section 11;
   • (e) the educational institution or its Managing Committee or the Governing Body, as the case may be, misutilises the funds of the institution or utilises it for any purpose other than for management of the educational institution ;
   • (f) the percentage of students passing the annual and supplementary examinations conducted by the Board of Secondary Education or the Council of Higher Secondary Education or the concerned University, as the case may be, falls short of half of the percentage of students passing such examinations for the entire Board, Coucil or University, as the case may be, for three consecutive years ;
   • (g) the educational institution fails to conduct examinations held by the Board, Council or the University or any other examining body of the State fairly and properly or the management or any of its employee assists or abets in malpractice in such examination or fails to prevent malpractices ;
   • (h) the educational institution is found to have admitted students, in excess of the recognised or affiliated strength or, in classes courses or stream or subjects in regard to which no permission has been received ;
     • (i) except as otherwise permitted the educational institution admits stduents on criteria other than merit, which in the context of reserved seats shall mean inter se merit within the reserved category ;
   • (j) the educational institution does not admit fresh students for two consecutive years or shifts to another locality or to different premises without prior permission ; and
   • (k) the educational institution has obtained recognition by fraud or misrepresentation of facts or through a false declaration.
2. (2) Where the prescribed authority is satisfied on own information or otherwise that circumstances exist for taking action for withdrawal of recognition of any educational institution, he shall make an enquiry or cause an enquiry to be made into the grounds on which recognition is proposed to be withdrawn and give an opportunity to the management to make representation within a period of thirty days against the proposed action. The prescribed authority shall furnish his report and recommendation to the Committee constituted under sub-section (4) of section 6.
3. (3) The Committee after considering the records, report and recommendation of the prescribed authority and after affording an opportunity to the management of being heard pass an order either withdrawing or suspending the recognition granted to the said institution.
4. (4) Notwithstanding the withdrawal or suspension of recognition under sub-section (3), the students admitted to that educational institution till the date of such withdrawal or suspension shall be allowed to continue as if the said educational institution continues to be recognised till that batch of students appear in the examination conducted by the Board, the Council or the University, as the case may be. The educational institution shall not admit fresh students during the period of suspension or after withdrawal of recognition.
5. (5) Any educational institution aggrieved by an order of the Committee withdrawing or suspending the recognition of any educational institution may prefer an appeal within a period of thirty days of the receipt of the order before the State Government whose decision thereon shall be final.